RE MAGISTRATE M S KING; EX PARTE JACKSON [2015] WASC 394
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2015] WASC 394 | |
| 20/10/2015 | |||
| Case No: | CIV:2595/2015 | 13 OCTOBER 2015 | |
| Coram: | MITCHELL J | 13/10/15 | |
| 8 | Judgment Part: | 1 of 1 | |
| Result: | Application dismissed | ||
| B | |||
| PDF Version |
| Parties: | GEORGE NEVILLE JACKSON |
Catchwords: | Judicial review Application for review order No arguable ground of jurisdictional error identified Turns on own facts |
Legislation: | Dividing Fences Act 1961 (WA), s 15 Magistrates Court Act 2004 (WA), s 36 |
Case References: | Basell v Meredith (Unreported, WASC, Library No 970449, 9 September 1997) Craig v The State South Australia (1995) 184 CLR 163 Jackson v Chrisp [2012] WASCA 158 Jackson v Chrisp [2013] WASC 380 Laing O'Rourke Australia Construction Pty Ltd v Samsung C & T Corporation [2015] WASC 237 Palmer v Lynott [1981] WAR 157 Re Temby; Ex parte Stanton [2015] WASC 357 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
GEORGE NEVILLE JACKSON
Applicant
Catchwords:
Judicial review - Application for review order - No arguable ground of jurisdictional error identified - Turns on own facts
Legislation:
Dividing Fences Act 1961 (WA), s 15
Magistrates Court Act 2004 (WA), s 36
Result:
Application dismissed
Category: B
Representation:
Counsel:
Applicant : In person
Solicitors:
Applicant : In person
Case(s) referred to in judgment(s):
Basell v Meredith (Unreported, WASC, Library No 970449, 9 September 1997)
Craig v The State South Australia (1995) 184 CLR 163
Jackson v Chrisp [2012] WASCA 158
Jackson v Chrisp [2013] WASC 380
Laing O'Rourke Australia Construction Pty Ltd v Samsung C & T Corporation [2015] WASC 237
Palmer v Lynott [1981] WAR 157
Re Temby; Ex parte Stanton [2015] WASC 357
- MITCHELL J:
(This judgment was delivered extemporaneously and has been edited from the court's record of the decision.)
Application
1 This application for a review order under s 36 of the Magistrates Court Act 2004 (WA) forms part of a long-running dispute between Mr Jackson and his neighbours in relation to a dividing fence between properties at 20 and 22 Heather Road, Roleystone.
2 The background of the dispute is to be found in the decision of the Court of Appeal in Jackson v Chrisp,1 and also the decision of Allanson J in Jackson v Chrisp.2
3 The application is supported by an affidavit of Mr Jackson dated 5 October 2015. Mr Jackson, who appears without legal representation, has not included much of the material which would ordinarily found an application for a review…
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- Re Magistrate M S King [2015] WASC 394
- Case
- [2015] WASC 394
- Decision Date
CaseChat Overview and Summary
The court considered whether the applicant had established that the Magistrate's decision involved a jurisdictional error. The applicant argued that the Magistrate had failed to consider certain relevant factors, and that this constituted a jurisdictional error. However, the court found that the Magistrate had indeed considered the relevant factors, albeit in a different manner to that preferred by the applicant. The court held that there was no arguable ground of jurisdictional error in the decision, as it turned on its own facts.
Accordingly, the court dismissed the application for judicial review. The court found that there was no merit in the applicant's contention that the Magistrate had failed to consider relevant factors, and that the decision was therefore not subject to review. The court held that the decision was not flawed by any jurisdictional error, and that there was no arguable ground for a review order. The application was therefore dismissed in its entirety.
Orders
Orders of the court
Application dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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